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Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
.... in the writ petition, in short, was that one Prodip Kumar Saha took loan of taka 2 lac from Janata Bank, Ullapara Branch, Serajganj (hereinafter referred to as the Bank) on mortgaging 10 decimals of land. As Prodip Kumar Saha defaulted to repay the loan, the Bank filed Artha Rin Suit No.147 of 1993......ta Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Senior Advocate (with Mamunor Rashid, ......nd order dated the 11th day of March, 2010 passed by a Division Bench of the High Court Division in Writ Petition No.6684 of 2009 discharging the Rule. 2. The background of this leave petition is that the petitioner filed the above mentioned writ petition before the High Court Division impugning ......, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Senior Advocate (with Mamunor Rashid, Advocate) instructed by ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....; 3. On 3-3-2002, defendant No.1 executed a bainapatra in favour of the plaintiff on receipt of Taka 50,000 out of the total consideration of Taka 60,000 for selling the land appended in the schedule to the plaint. On the date of bainapatra it was stipulated that the pl......Respondents Judgment June 13, 2012. Result: The appeal is allowed. The civil petition is discharged. An appeal is the continuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtai......nt June 13, 2012. Result: The appeal is allowed. The civil petition is discharged. An appeal is the continuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence i......llate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within its jurisdiction and is not an acc..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....of revisional jurisdiction without affording him any opportunity of being heard. 2. Respondent No.1 instituted Other Class Suit No.3 of 1999 seeking declaration of title in respect of the suit land. The suit was dismissed by the trial Court. He took an appeal in the lower appellate Court an......e-on-Record- For Respondent No.1. Not represented-For Respondent No.2. Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer for examination of......d others……….........Respondents Judgment June 12, 2012. Result: The appeal is dismissed. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Appellant. M. A. Salam Khan, Senior Advocate, instructed by......dra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Sayed Mahmud Hossain J Md. Shamsul Huda J Kabir Ahmed……………………….......Appellant Vs. Korban Ali and others……….........Respondents Judgment June 12, 2012. Result: ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
....o 10 herein filed the above mentioned writ petition
challenging the proceeding of Miscellaneous Case No.147 of 2004-2005 and the order
dated 22.03.2005 passed therein for taking over the lease-hold land of the writ
petitioners under the khas khatian
of the Government (the annexure-G).
3.
......ior Advocate instructed by Md. Zahirul Islam,
Advocate-on-Record—For the Respondents.
Civil Petition for
Leave to Appeal No.1170 of 2012.
(From
the judgment and order dated 02.02.2011 passed by the High Court Division in
Writ Petition No.3479 of 2009.)
Judgment
Nazmun Ara ........................Respondents
Judgment
June
7, 2012.
Result:
Appeal
is dismissed.
Lawyers Involved:
Rajik-Al-Jalil,
Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record—For
the Petitioners.
Mustafa Niaz
Muhammad, Senior Advocate instr......Saiful
Islam Chowdhury and others........................Respondents
Judgment
June
7, 2012.
Result:
Appeal
is dismissed.
Lawyers Involved:
Rajik-Al-Jalil,
Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record—For
the Petitioners.
Musta..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Abdul Wahhab Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State…&he......Chowdhury @ Momen Vs. The State, 47 DLR (AD) 96; Mahomed Syedol Ariffin bin Mahomed Ariff Vs. Yeah Oai Gark, AIR 1916 Privy Council 242; 61 DLR 33, Hasina Begum Vs. State, 1 BLC 315; Prafullah Kama! Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh 28 DLR, 123; State Vs. Md. Roushan Mon......;…………………………….............Respondent Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.29..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....yjun Nessa Begum and others……………Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the .............Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recov......ct of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to prove their title to the suit land and but also to prove that the suit has been filed within twelve years from the date of alleged dispossession…………......Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to prov..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....s (of the cited case) filed an application on 4-4-1976 under Order I, rule 10 of the Code to be added as a party in the proceeding so as to contest the proposed grant of the probate alleging that the land under the Will had been declared "as a vested and non-resident property" by the Government unde...... Bimal Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......Respondents Judgment May 30, 2012. Result: The appeal is allowed. Cases Referred to- Sree Paresh Chandra Dey Gupta Vs. Abul Hossain, 33 DLR (AD) 254; Shubra Nandi M......ts Judgment May 30, 2012. Result: The appeal is allowed. Cases Referred to- Sree Paresh Chandra Dey Gupta Vs. Abul Hossain, 33 DLR (AD) 254; Shubra Nandi Majumder Vs. Begum Mahmuda Khatun, 1990 BLD (AD) 84=42 DLR (AD) 133; Abdul Jalil Ansari Vs. Surendra Nath Basu,21 DLR 331. La......ain, 33 DLR (AD) 254; Shubra Nandi Majumder Vs. Begum Mahmuda Khatun, 1990 BLD (AD) 84=42 DLR (AD) 133; Abdul Jalil Ansari Vs. Surendra Nath Basu,21 DLR 331. Lawyers Involved: Fida M Kamal, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellant. Md. Nawab..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....C 627; Mehta Vs. Union of India, AIR 1987 SC 1086; Bandhua Mukti Mocha's Case, (AIR 1984 SC 802); Rudul Shah Vs. State of Bilhar, AIR 1983 SC 1086. State Vs. Ryan (1965) IR 70 (122); Byrne Vs. Ireland (1972) IR 241; Maharaja Vs. Attorney-General of Trinidad and Tobago, (1978) 2 All ER 670; Jaund......ents Judgment May 29, 2012. Result: All appeals are allowed. Constitution of Bangladesh, 1972 Article 44(1), 102(1), 102(2) Compensation is Special Relief not General— Power of High Court not only be Injunctive but also Remedial— Articles 44(1), 102(1)......on powers to issue such directions and orders as may be appropriate for the enforcement of fundamental rights conferred by Part III of the Constitution. It is only in the exceptional cases that compensation or compensatory cost may be awarded to a victim in a petition properly dr......which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directio..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
.... a direction upon writ respondent Nos.3-5 to mutate their names in Case No.19 of 1987 according to the decree passed in Title Suit No.280 of 1970 in respect of 7 S.A. plots measuring 5.17 acres of land. The Rule was issued in the terms prayed for. 3. In the writ petition, it was stated, in......-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, 2010 passed by the High Court Division in Writ Petition No.3229 of 2004) Judgment Md. Abdul Wah...... passed in Title Suit No.280 of 1970 in respect of 7 S.A. plots measuring 5.17 acres of land. The Rule was issued in the terms prayed for. 3. In the writ petition, it was stated, inter alia, that Moqbul Ahmed, predecessor-in-interest of writ-petitioner No.1 filed an application before the ...... Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Mahmudul Isla..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
.... No. III of the memorandum of association is proposed to be amended to include a further provisions as object sub-clause No. 1(a)-1(e) and 39(a) to the following extent: “1(a) To acquire land by purchase or on lease and to construct building/flats thereon and to sell the same in whole ......ties for which the object clause of the memorandum is required to be amended. 4. The learned Advocate Mr. A.K.M. Fazlul Hoque further submits that the general power to borrow by the company was already provided in the memorandum of association under object sub-clause No.36. But to particul......randum of Association of the company AQUA CULTURE FARMS LIMITED, on the ground stated therein. 2. The learned Advocate Mr. A.K.M. Fazlul Hoque, appearing on behalf of the petitioner, submits that by way of resolution dated 29.12.2011 the company AQUA CULTURE FARMS LIMITED in an extra-ordina...... petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
.... property along with other property, died, leaving eldest son, Nawab Habibullah Bahadur, who became owner of the suit property by inheritance, made heba-bil-ewaj of the suit property along with other land on taking Quran Sharif and a Diamond Ring, to his wife, Ayesha Begum by registered heba-bil-ewa...... Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) & others………Defendant Respondents Judgment May 27, 2012 Result: The appeal is allowed. Cases Referred to- Nur Muhammad Vs. Mainuddin, 39 DLR (AD); Abul Khair (Md.) Vs. Pubali Bank Ltd......মর্মে তাহাদের বিরুদ্ধে চিরস্থায়ী নিষেধাজ্ঞার ডিক্রী দিতে।“ 3. It is the plaint case that Nawab Sir Salimullah was the owner of the suit property along with other property, died, leaving......r (Md.) Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd, 51 DLR (AD) 221; Nurunnessa Vs.Mohiuddin Chowdhury, 49 DLR (AD) 234; Eastern Bank Ltd Vs. Sub-ordinate Judge, 49 DLR 531; Anath Bandhu Guha & Sons Ltd.; Md. Sirajul Hoq Vs. Babu Sudhangshu S..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....ioners they will give allotment in the shopping complex. 5. The learned Advocate for the petitioners by filling a counter affidavit has stated that the petitioners have taken lease of the vacant land from the Pourashava wherein they have constructed shops at their own cost and that the Pourasha......ase is also Reported in: 21 BLT (HCD) (2013) 16. ...... rule, we stayed operation of the impugned memo Annexure-'D' series dated 2.4.2012. 3. The respondent No.1, Pourashava has filed this application for vacating the order of stay alleging that the Pourashava has under taken a development project for construction of 1000/- (one thousand) s......llip;……..Petitioners Vs. The Magura Pourashava and others………………....Respondents Judgment May 24, 2012. Result: The order of stay is vacated. Lawyers Involved: M. Quamrul Haque Siddique with S.M. A. Sabur w..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ce of the petitioner, was issued calling upon the respondents to show cause as to why the respondents shall not be directed to receive rent from the petitioner by mutating in his name for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mouza Mymensingh T......e court and trial court When an appellate court affirms the judgment of the trial court it becomes binding upon the respondents and they become legally bound to mutate the name of the petitioner as per judgment passed by the courts below………......(8) Lawyers Involved: ......ioner, was issued calling upon the respondents to show cause as to why the respondents shall not be directed to receive rent from the petitioner by mutating in his name for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mouza Mymensingh Town, Police Sta......s and they become legally bound to mutate the name of the petitioner as per judgment passed by the courts below………......(8) Lawyers Involved: Md. Abdul Haque, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney-General with Ms.Nusrat Jahan, Assistan..Category: Others | Date: 22 May, 2012 | Hits: 9
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....f inheritance and purchase. Because of misunderstanding, the seller-respondent No.3, Rai Mohan Das (full brother of the pre-emptor) without serving any notice upon the pre-emptor transferred the case land to the pre-emptees by a registered deed of sale dated 05.06.2002. The pre-emptees are strangers...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kali Mohan Das...........................................Petitioner Vs. Mossammat Firoza Begum and oth......d Senior Assistant Judge, Companygonj, Noakhali in Miscellaneous Case No.24 of 2005 allowing the application for pre-emption. 2. The facts, leading to the filing of this petition, in brief, are that the petitioner herein as the pre-emptor filed an application for pre-emption under section ......ioner Vs. Mossammat Firoza Begum and others ............Respondents Order May 10, 2012. Result: The Leave is granted. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Not..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....f, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of the land described in the second schedule of the plaint. The case of the plaintiffs, in short, is t......s Vs. Aziruddin and others.................................Respondents Judgment May 8, 2012. Result: The appeal is allowed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Munshi, 20 DLR 74; Abdus Sattar Vs. Lalon Mazar......eclaration of title, confirmation of possession and for permanent injunction in respect of the land described in the second schedule of the plaint. The case of the plaintiffs, in short, is that the suit property originally belonged to Ranjit Kumar Kar and his three brothers in Mourashi Mal...... DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....n Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of landlord. In......ing the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of landlord. In the instant case defendant being a defaulter ca......udgment May 7, 2012. Result: The appeal is dismissed. Whether Tenant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff ......llant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Result: The appeal is dismissed. Whether Tenant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that ten..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....ctor doing construction business and the second party is the registered Cooperative Society of the Rajuk Employees and run by its by-laws. b. That the second party got 2 bighas of land from Rajuk by a registered lease deed and they decided to construct a 10-storied building there.......Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. S...... Rule, the petitioners were permitted to complete the construction of the 3rd floor at their own risk. 3. Fact relevant for the purpose of disposal of the Rule in short are that That opposite-party herein as petitioner filed an application under section 12 of the Arbit......ellip;……..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provisi..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....র সহৃদয় করুনা প্রার্থী।” 42. On perusal of the record of Criminal Appeal No.611 of 1989 it appears to us that the occurrence took place with regard to a land dispute. 43. It was the prosecution case that on the date and time of occurrence while Bad......rged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has acted with the limit of its p......be, must be based on some rational, reasonable, fair and relevant principle which is non discriminatory and it must not be guided by any extraneous or irrelevant considerations. It is well settled that all public power including constitutional power shall never be exercisable arbitrarily or mala f......inal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has b..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....Rin Execution Case No.02 of 2001 allowing the application under Order XXI Rule 100 and 101 of the Code of Civil Procedure and directing the writ petitioner and others to restore the possession of the land sold in auction to the applicant. 2. The above-mentioned petitions arising out of the same........................Petitioner Uttara Bank Limited ..................Petitioner Vs. Artha Rin Adalat, Munshigonj……………….........Respondents Nasima Enterprise..................... ...............Respondents Judgment April 19, 2012. ......n Mahmud, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioners. (For Civil Petition No.429 of 2010) Syed Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. (For Civil Petition No. 640 of 2010) AM Ami......p;………….........Respondents Nasima Enterprise..................... ...............Respondents Judgment April 19, 2012. Result: The Civil Petitions for Leave to Appeal are dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, in..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....rt of Sadar Munsif, Sylhet against the present respondent Sree Sree Radha Madhab Jew Deity represented by the Secretary Mr. Padmakesh Deb and others praying for declaration of their title in the suit land and for permanent injunction and also for declaration that the settlement of the suit land ......M. Zahir, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate (Abdul Quiyum, Senior Advocate with him) instructed by Giasuddin Ahmed, Advocate-on-Record—For the Respondents (as added). Civil Petition for Leave to......thers....................Respondents Judgment April 16, 2012. Result: The appeal is dismissed. Lawyers Involved: Dr. M. Zahir, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate (Abdul Qu......Sree Sree Radha Madhab Jew Deity and others....................Respondents Judgment April 16, 2012. Result: The appeal is dismissed. Lawyers Involved: Dr. M. Zahir, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioners. Abdul Wa..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
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